Bid Solicitation Information - ogs.state.ny.us · Bid Solicitation Information ... in their usual course of business. ... Numerous factors could cause the actual volume of Product

22935p01_HeavyEquipRental_BidInfoPM.docx/Fleetwr

Corning Tower, Empire State Plaza, Albany, NY 12242 | www.nyspro.ogs.ny.gov | [email protected] | 518-474-6717

Bid Solicitation Information

Subject: Bid Information for Periodic Recruitment

DATE: January 19, 2017

IFB/RFP: 22935 BID OPENING DATE | TIME: February 23, 2017 11:00AM ET

GROUP | TITLE: 72007 | Heavy Equipment Rental (Statewide)

OGS DESIGNATED CONTACTS:

Primary Contact: Matthew Jones | CMS 1 | 518-474-4163 | [email protected]

Secondary Contact: Wendy Reitzel | CMS 3 | 518-473-5280 | [email protected]

OGS DESIGNATED CONTACTS For MWBE Questions Only

Email Address: [email protected]; Telephone No. (518) 486-9284

Primary Contact: Anuola Surgick Secondary Contact: Tryphina Ramsey Tertiary Contract: William Hill

Additional Contacts: Ashley Pallone, Lori Brodhead, Mariam Mehanna

OGS DESIGNATED CONTACTS For INSURANCE Questions Only

Leighann Brown; Email Address: [email protected]; Telephone No. (518) 457-6595

1. TO PROSPECTIVE BIDDERS:

The Office of General Services is establishing additional centralized contracts for the rental of Heavy

Equipment under Award 22935.

A. The resultant Contracts shall be for the Product Line and associated Ceiling Prices set forth in

Appendix C: Heavy Equipment Rental Contract Documents, Number 5: Contract Price List.

B. Heavy Equipment Rental shall be on an as-needed basis by Authorized Users via a competitive

Rental Quote process (see Contract Template Section II.10 Procurement Method), with Rental

provided, at a minimum, to Authorized User locations in the counties set forth in Appendix C: Heavy

Equipment Rental Contract Documents, Number 1: Contractor Information.

C. Purchase of Heavy Equipment shall not permitted under the Contracts. This solicitation is intended

for short term Rental (i.e., Daily, Weekly or Monthly). Long term leasing (e.g., six month or more

Rental Period), shall not permitted under the Contracts.

D. This is a periodic recruitment solicitation. The initial Contracts under Award 22935 were awarded

October 27, 2015. The Contracts awarded under this periodic recruitment Solicitation will be

supplemental awards for Award 22935 – Heavy Equipment Rental.

The periodic recruitment period begins on the “Bid Opening / Begin date for periodic recruitment”

date and ends on the “Closing date for periodic recruitment period” date indicated in Section 3 Key

Events/Dates. Bids received during this periodic recruitment period shall be reviewed and processed

in accordance with Section 6 Method of Award of Contract.

After this periodic recruitment period, additional bid submissions shall not be accepted by OGS until

the next periodic recruitment period is advertised by OGS. It is anticipated that the next periodic

mailto:[email protected]


GROUP 72007-22935 Heavy Equipment Rental (Statewide) PAGE 2


recruitment period shall begin one (1) calendar year from the “Closing date for periodic recruitment

period” date indicated in Section 3 Key Events/Dates. OGS reserves the right to not advertise any

additional periodic recruitment periods, to advertise a periodic recruitment that begins sooner than

one (1) year from the “Closing date for periodic recruitment period” date indicated in Section 3 Key

Events/Dates, and to offer additional periodic recruitment periods only to vendors that provide Heavy

Equipment Rental to specific geographic area(s).

E. In order to be eligible for contract award on the “Contract term begin for contracts (estimated)” date

indicated in Section 3 Key Events/Dates, a Bidder must submit all required bid documents in

accordance with Section 11 Bid Submission Information. The bid documents are available on the OGS

website at http://nyspro.ogs.ny.gov/content/finding-bid-opportunities. Further information about

Contract Scope, Solicitation Inquiries, Requirements for Contract Eligibility, and Bid Information and

Requirements are included in this memo.

A Contract Template containing the contract terms and conditions is also provided on the OGS website at

http://nyspro.ogs.ny.gov/content/finding-bid-opportunities. The Contract Template consists of the

following documents:

1. Base Agreement

2. Appendix A: Standard Clauses for New York State Contracts (January 2014)

3. Appendix B: General Specifications (May 2015)

4. Appendix C: Heavy Equipment Rental Contract Documents:

a) Number 1: Contractor Information

b) Number 2: Report of Contract Usage

c) Number 3: Insurance Requirements

d) Number 4: Contract Modification Procedure

e) Number 5: Contract Price List

f) Number 6: Rental Quote Forms

2. CONTRACT PERIOD AND RENEWALS

All Contracts awarded under solicitation 22935, including those executed during this and any subsequent

periodic recruitment period, shall terminate simultaneously on October 26, 2018 (i.e., three (3) years from the

date of OGS approval of the first Contract awarded). If mutually agreed between OGS and the Contractor,

the Contract may be renewed under the same terms and conditions for up to two (2) additional years. The

Contract renewal may be exercised on a month to month basis such as an additional three month, six month,

twelve month, or 24 month period.

2.1 SHORT TERM EXTENSION

In the event a replacement Contract has not been issued, the Contracts may be extended unilaterally by the

State for an additional period of up to one (1) month upon notice to the Contractor with the same terms and

conditions as the original Contract. With the concurrence of the Contractor, the extension may be for a

period of up to three (3) months in lieu of one (1) month. However, this extension terminates should a

replacement Contract be issued in the interim.

http://nyspro.ogs.ny.gov/content/finding-bid-opportunities




3. KEY EVENTS/DATES

EVENT DATE TIME

Solicitation release January 19, 2017

Closing date for vendor inquiries February 2, 2017 5:00 PM ET

OGS response to vendor inquiries (estimated) February 14, 2017 5:00 PM ET

Bid Opening / Begin date for periodic recruitment period February 23, 2017 11:00 AM ET

Contract term begin for new contracts (estimated) April 6, 2017

End date for periodic recruitment period May 6, 2017 5:00 PM ET

4. CONTRACT SCOPE:

The resultant backdrop contracts shall be for the Contractor’s complete Product Line that meets the Contract

definition of Heavy Equipment.

A. Product Line shall mean a group of related Heavy Equipment offered for Rental by a single company

in their usual course of business.

B. Heavy Equipment shall refer to equipment which is intended for heavy work such as earthmoving,

construction, lifting containers or materials, drilling holes in earth or rock, concrete or paving

application or street sweeping (e.g., aerial lifts, large towable air compressors, generators and light

towers, concrete saws, earth compactors and rollers, backhoes, motor graders, skid-steer loaders,

bulldozers, wheel loaders, trenchers, utility tractors, excavators, forklifts, sweepers and utility

vehicles), and other related attachments and equipment.

5. ESTIMATED QUANTITIES

The resulting Contract(s) are Indefinite Delivery, Indefinite Quantity (IDIQ) Contracts. The Contractor(s) must

furnish all quantities or dollar values actually ordered. The anticipated dollar value contracts awarded under

this solicitation, based on historical and anticipated needs, is approximately $2,300,000.00 annually. The

individual value of each Contract is indeterminate. See Appendix B §29 Estimated/Specific Quantity

Contracts and §26 Participation in Centralized Contracts.

Numerous factors could cause the actual volume of Product purchased under the Contract to vary

substantially. Such factors include, but are not limited to, the following:

Such Contracts will be nonexclusive Contracts;

There is no guarantee of volume to be purchased, nor is there any guarantee that demand will

continue in any manner consistent with previous purchases;

The individual value of each Contract is indeterminate and will depend upon actual Authorized User

demand, and actual quantities ordered during the contract period;

The State reserves the right to terminate any Contract for cause or convenience prior to the end of

the term pursuant to the terms and conditions of the Contract.

In Procurement Services’ experience, depending on the price of a particular Product, the actual volume of

purchases for that Product could be substantially in excess of, or substantially below, estimated volumes.

Specifically, if actual contract pricing is lower than anticipated or historical pricing, actual quantities purchased

could be substantially greater than the estimates; conversely, if actual contract pricing is higher than anticipated



or historical pricing, actual quantities purchased could be substantially lower than the estimates. Contractor

acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the

resulting Contract could vary substantially from the estimates provided in this solicitation.

6. METHOD OF AWARD OF CONTRACT

Award shall be made to the responsive and responsible Bidder(s) who meet the minimum requirements

listed in Section 10 Requirements for Contract Eligibility, below. Because of the nature of the Products

involved, and recognizing that no one Bidder will be able to supply all of the Products required by Authorized

Users, award shall be made to more than one Bidder.

OGS intends to award contracts simultaneously to all responsive and responsible Bidders that submitted

bids by the “Bid Opening / Begin date for periodic recruitment period” date indicated in Section 3 Key

Events/Dates on the “Contract term begin for new contracts (estimated) ” date indicted in Section 3 Key

Events/Dates. A Bidder responding to this solicitation is advised that each bid will undergo an initial

administrative review for completeness. In order for a bid to be evaluated, it must include all required

documents for a complete bid (see Section 11.2 Bid Format and Content). Upon completion of the

administrative review, OGS will request any missing documentation from the Bidder, and will review all

documents for completeness upon receipt of the missing documents. All required documents for a complete

bid, as set forth in Section 11.2 Bid Format and Content, must be submitted and be completed to the

satisfaction of OGS in order for the bid to be deemed responsive and eligible for Contract award on the

“Contract term begin for new contracts (estimated)” date indicated in Section 3 Key Events/Dates.

Vendors that miss the “Bid Opening / Begin date for periodic recruitment period” date indicated in Section 3

Key Events/Dates, and Bidders that have not submitted all required documents for a complete bid,

completed to the satisfaction of OGS, by the “Contract term begin for new contracts (estimated)” date

indicated in Section 3 Key Events/Dates, may submit the required documents at any time prior to the “End

Date for periodic Recruitment Period” indicated in Section 3 Key Events/Dates.. Such submissions will be

reviewed in the order in which they were received after submissions received by the “Bid Opening / Begin

date for periodic recruitment period” date indicated in Section 3 Key Events/Dates have been processed, and

will be awarded upon completion of the contract process, provided that all required documents have been

submitted and are completed to the satisfaction of OGS by the “End Date for periodic Recruitment Period”

indicated in Section 3 Key Events/Dates.

7. SOLICITATION INQUIRIES / DESIGNATED CONTACTS

OGS responses to bidder inquiries that were received during the initial recruitment period for Award 22935

are posted with this solicitation document at http://nyspro.ogs.ny.gov/content/finding-bid-opportunities.

All additional inquiries concerning this solicitation shall be addressed to the following Procurement Services

Designated Contact(s):

Primary Contact:

Matthew Jones, Contract Management Specialist

Telephone No. (518) 474-4163

E-mail: [email protected]

Secondary Contact:

Wendy Reitzel, Team Leader

Telephone No. (518) 473-5280

E-mail: [email protected]

For MWBE Questions Only (Email Address: [email protected]; Telephone No. (518) 486-9284)

Primary Contact: Anuola Surgick Secondary Contact: Tryphina Ramsey Tertiary Contract: William Hill

Additional Contacts: Ashley Pallone, Lori Brodhead, Mariam Mehanna







For INSURANCE Questions Only

Leighann Brown; Email Address: [email protected]; Telephone No. (518) 457-6595

Submit all questions in writing using Attachment 3: Inquiries Form, citing the applicable solicitation document

name and document section. The completed Attachment 3: Inquiries Form must be emailed to

[email protected] by the “Closing date for vendor Inquiries” indicated in Section 3 Key

Events/Dates. A Bidder is strongly encouraged to submit questions at the earliest convenience.

OGS reserves the right to also consider questions received after the official question and answer period has

ended. To the extent that OGS elects to respond to questions submitted after the official question and

answer period has ended, OGS shall distribute responses in the same manner as questions submitted by the

“Closing Date for vendor inquiries” indicated in Section 3 Key Events/Dates.

You must register with the New York State Contract Reporter at https://www.nyscr.ny.gov in order to receive

notifications about this solicitation. Navigate to the “I want to find contracts to Bid on” page to register for

your free account. Answers to all questions of a substantive nature will be provided to all registered vendors

in the form of a question and answer document which will be posted and released through the New York

State Contract Reporter site.

8. PRE-BID CONFERENCE

There will not be a Pre-Bid Conference for this periodic recruitment period.

9. SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING

Pursuant to State Finance Law § 139-j and § 139-k, this Solicitation includes and imposes certain restrictions

on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from

making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general

circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award

and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller

(“restricted period”) to other than designated staff unless it is a contact that is included among certain

statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff, as of the date hereof, is

identified on the first page of this Solicitation and in the MWBE Designated Contacts and Insurance

Designated Contacts sections. OGS employees are also required to obtain certain information when

contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant

to these two statutes. Certain findings of non-responsibility can result in rejection for Contract award and, in

the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental

Procurement Contracts for four years. Further information about these requirements can be found on the

OGS website at: http://www.ogs.ny.gov/acpl/.

10. REQUIREMENTS FOR CONTRACT ELIGIBILITY:

This contract area is open to vendors that provide Heavy Equipment Rental that meet the following minimum

qualifications:

A. Are either registered with the NYS Department of State as an entity authorized to conduct business in

New York State (registration may be confirmed at http://www.dos.ny.gov/corps/bus_entity_search.html),

or if not incorporated in New York State, can provide a Certificate of Good Standing from the

applicable state where the business was formed or incorporated;

B. Offer their complete Heavy Equipment Product Line for Rental;



https://www.nyscr.ny.gov/

http://www.ogs.ny.gov/acpl/

http://www.dos.ny.gov/corps/bus_entity_search.html



C. Provide a Contract Pricelist with a Ceiling Price for Heavy Equipment Rental to be offered under the

Contract.

1. “Contract Pricelist” shall refer to the Excel document, set forth in Appendix C: Heavy Equipment

Rental Contract Documents, Number 5: Contract Price List which lists, among other things, a

description of the Heavy Equipment available for Rental, a Ceiling Price for Daily, Weekly and

Monthly Rental Periods, and Delivery Charge(s), for the Heavy Equipment available for Rental.

2. “Ceiling Price” shall refer to a maximum price that a Contractor may charge an Authorized User

for a service offered under the Contract. OGS reserves the right to reject Product from the

Contract Pricelist that is determined, at the sole discretion of OGS, to have an unreasonably high

Ceiling Price. Such determination shall be based on available industry Heavy Equipment Rental

pricing guide(s) and comparison with Rental Prices offered by competitors in the same

geographic area.

D. Agree to, and are able to meet, the terms and conditions set forth in the Contract (see Contract

Template); and

E. Provide proof of insurance coverage requirements, as described in Contract Template, Appendix C:

Heavy Equipment Rental Contract Documents, Number 3: Insurance Requirements, in accordance

with Section 11.2 Bid Format and Content, and throughout the Contract term, as requested by

Procurement Services.

11. BID SUBMISSION INFORMATION

This Section, (i.e., 11.1 through 11.6), sets forth bid submittal information and instructions for this solicitation.

11.1 IMPORTANT NOTICE TO POTENTIAL BIDDERS

A Bidder should take note of the following:

A. Receipt of these bid documents by a vendor does not indicate that OGS Procurement Services has

pre-determined your company's qualifications to receive a contract award. Such determination will

be made after the bid opening and will be based on evaluation of bid submissions compared to the

specific requirements and qualifications contained in these bid documents.

B. To be considered responsive, a Bidder must submit a bid that satisfies and addresses all

requirements stated in this solicitation by the “End Date for periodic Recruitment Period” indicated in

Section 3 Key Events/Dates.

C. The Commissioner of OGS will receive bids pursuant to the provisions of Article XI of the State

Finance Law. All bids and accompanying documentation shall become the property of the State of

New York and shall not be returned.

D. If a Bidder wishes to submit more than one bid, such bid(s) are to be submitted separately and are to

be listed as "alternate" bids. "Alternate" bids must satisfy and address all requirements stated in this

solicitation, and will be evaluated as separate bids.

E. Portions of the successful Bidder’s bid shall be incorporated into a final Contract, executed by the

Contractor and OGS. Therefore, the bid must be signed by a partner, corporate officer, or other

person authorized to commit its firm to all provisions of this solicitation and its bid as submitted. Once

the Contract resulting from this solicitation is executed and approved, it will be posted on the OGS

website.



11.2 BID FORMAT AND CONTENT

This section sets forth bid format and content information for this solicitation.

A. The complete bid for the backdrop contract consists of the following documents. All required

documents for a complete bid must be submitted in the manner and format set forth below (i.e.,

paper or electronic) and be completed to the satisfaction of OGS in order for the bid to be deemed

responsive and eligible for Contract award. Unless otherwise specified, only one (1) of each

document is required for a complete bid submission. Multiple copies are not required.

Note: A Contract Template is posted with the solicitation documents on the OGS website at

http://nyspro.ogs.ny.gov/content/finding-bid-opportunities. Do not submit the Contract

Template with your bid. The Contract Template is intended to familiarize Bidders with the

terms and conditions that will be included in the resultant Contracts from this solicitation.

The Contract Template is not the final Contract. Portions of the Contract Template that are

blank shall be completed by OGS based on the Bidder’s submission and tentative awardees

will be provided with a final Contract for execution by the Bidder and OGS.

1. Standard Vendor Responsibility Questionnaire (SVRQ). See Section 18 New York State Vendor

Responsibility Questionnaire for Profit Business Entity.

a. Online electronic completion of the SVRQ on the OSC website, with a Certification Date no

more than six (6) months prior to the bid opening date,

OR

b. A paper version of the SVRQ, completed and with original ink signature and notarized no more

than six (6) months prior to the bid opening date.

Forms are available on the OSC website at the link below. Click on "VendRep System" for

information about completing the SVRQ online, or "Forms" to download the "Non-Construction, For-

Profit" paper version. For assistance with the form, click on “Get Help.”

2. NY State Taxation and Finance forms ST-220-CA and ST-220-TD. A paper version of form ST-

220-CA, completed and with original ink signature, and notarized. Note: Form ST-220-TD,

completed and with original ink signature, and notarized, must be submitted directly to the NYS

Tax Department (see Section 19 Tax Law §5-A). Forms are available on the Tax Department

website here: https://www.tax.ny.gov/forms/form_number_order_st_y.htm (see ST-220-CA (Fill-

in) and ST-220-TD (Fill-in));

3. Form EEO-100. A paper version of form EEO-100 (Equal Employment Opportunity Staffing

Plan), completed and with original ink signature (See Section 21 Contractor Requirements and

Procedures for Equal Employment and Business Participation Opportunities for Minority Group

Members and New York State Certified Minority- and Women-owned Business Enterprises). The

form is available on the OGS website here: http://www.ogs.ny.gov/MWBE/Docs/EEO100.docx;

4. Form MWBE 100. A paper version of form MWBE 100 (Utilization Plan), completed and with

original ink signature (See Section 21 Contractor Requirements and Procedures for Equal

Employment and Business Participation Opportunities for Minority Group Members and New

York State Certified Minority- and Women-owned Business Enterprises). The form is available

on the OGS website here: http://www.ogs.ny.gov/MWBE/Docs/MWBE100.docx.

5. Proof of Insurance (General and Automobile Liability). An electronic version of proof of

compliance with general and automobile liability insurance requirements, as specified in Contract

Template, Appendix C: Heavy Equipment Rental Contract Documents, Number 3: Insurance

Requirements. Please review the documents prior to submittal to ensure that the documents


https://www.tax.ny.gov/forms/form_number_order_st_y.htm

http://www.ogs.ny.gov/MWBE/Docs/EEO100.docx

http://www.ogs.ny.gov/MWBE/Docs/MWBE100.docx



conform to all requirements set forth in Appendix C: Heavy Equipment Rental Contract

Documents, Number 3: Insurance Requirements, including:

a) ACORD Certificate of Liability Insurance that includes:

1) The full legal company name of the Bidder in the "Insured" box;

2) The company name and NAIC number of the insurer(s) affording coverage;

3) Policy expiration dates that are current; and

4) The New York State Office of General Services, Procurement Services, 38th Floor,

Corning Tower, Albany, New York 12242 listed as the Certificate Holder.

b) An additional insured endorsement (submit a separate endorsement document), applicable

to all insurance that is either (1) a blanket additional insured endorsement, or (2) names

"The People of the State of New York, the New York State Office of General Services, any

entity authorized by law or regulation to use any Contract resulting from this solicitation as

an Authorized User and their officers, agents, and employees" as the additional insured.

6. Proof of Insurance (Workers' Comp). An electronic version of proof of compliance (e.g., NYS

form C-105-2 or U-26.3 or CE-200) with NYS Workers Compensation insurance requirements,

as specified in Contract Template Appendix C: Heavy Equipment Rental Contract Documents,

Number 3: Insurance Requirements. Instructions on how to obtain the forms are available on the

Workers' Compensation Board website at

http://www.wcb.ny.gov/content/onlineforms/obtainC105.jsp and

http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview.jsp

7. Proof of Insurance (Disability). An electronic version of proof of compliance (e.g. NYS form DB-

120.1 or CE-200) with NYS Disability insurance requirements, as specified in Contract Template

Appendix C: Heavy Equipment Rental Contract Documents, Number 3: Insurance

Requirements. Instructions on how to obtain the forms are available on the Workers'

Compensation Board website at http://www.wcb.ny.gov/content/onlineforms/obtainDB120-1.jsp

and http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview.jsp;

8. Attachment 1: Bid Documents (Paper). A paper version of each section in Attachment 1: Bid

Documents (Paper), completed and with original ink signature, where applicable. This

attachment includes the four (4) sections listed below.

a) Section A: Cover Sheet and Acknowledgements, completed and with original ink signature,

and notarized;

b) Section B: New York State Required Certifications, completed and with original ink

signature; and

c) Section C: Encouraging Use of New York State Businesses, completed, and with a list of

NYS Businesses to be used in the performance of this Contract, if applicable;

9. Attachment 2: Bid Documents (Electronic). An electronic version of Attachment 2: Bid

Documents (Electronic), completed. This attachment includes the five (5) sections listed below.

Note: Do not submit a PDF version of this document. Do not split the individual tabs

contained in this attachment into a separate Excel document for each section;

a) Section A: Bid Submittal Checklist;

b) Section B: General Questions;

c) Section C: Rental Area;

d) Section D: Equipment Offered; and

e) Section E: Contract Pricelist.

http://www.wcb.ny.gov/content/onlineforms/obtainC105.jsp


http://www.wcb.ny.gov/content/onlineforms/obtainDB120-1.jsp




B. Bidder is required to submit any document listed above in Paragraph A that is not submitted with the

initial bid submission upon Procurement Services’ written request for such document(s). Failure to

submit a document upon Procurement Services’ written request for such document(s) will delay

award of the resultant Contract, and may render the bid non-responsive and result in the

disqualification of the bid. Failure to submit all required documents, completed to the satisfaction of

OGS by the “End Date for periodic Recruitment Period” indicated in Section 3 Key Events/Dates,

shall result in the bid being deemed non-responsive and shall result in the disqualification of the bid.

See Section 6 Method of Award of Contract

C. Each bid shall include the paper and electronic documents specified above in Paragraph A.

1. Paper documents shall include original signatures and notary, where applicable. Documents

should be submitted bound in a binder or by some other method (e.g., through the use of a

three-hole report cover). Spiral binding is not desired by the State.

2. Electronic media files should be submitted via email to [email protected]. Each email

should reference the business name of the Bidder and solicitation number 22935 in the email

subject line. Submission on CD-ROM, DVD or flash drive is also acceptable.

D. In the case of discrepancies between the paper and the electronic media submission the electronic

media submission shall take precedence over the paper submission.

E. Bidder is responsible for ensuring that the most recently updated version of all required documents has

been submitted. Any updated versions released after the initial bid release date will be posted at

http://nyspro.ogs.ny.gov/content/finding-bid-opportunities and announced through the New York

State Contract Reporter site. A Bidder that submits an outdated version of a bid document will be

required to resubmit the document using the most recent version.

11.3 BID DEVIATIONS

If your bid differs from the specifications, explain such deviation(s) or qualification(s); and if necessary, attach

a separate sheet. See Appendix B §6 Extraneous Terms.

11.4 BID DELIVERY

Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to

arrange for delivery of bids to OGS prior to the date of the bid opening. LATE BIDS for the backdrop

Contracts for award 22935 will only be reviewed after bids received by the “Bid Opening / Begin date for

periodic recruitment period” date indicated in Section 3 Key Events/Dates have been processed. Email bid

submissions for items required at the time of bid opening are not acceptable and shall not be considered.

Bid Envelopes and Packages

An envelope and/or package containing a bid shall be clearly marked "BID ENCLOSED" and must state the

Bid Number, Bid Opening Date, and Time. Failure to complete all information on the bid envelope and/or

packages may necessitate the premature opening of the bid and may compromise confidentiality. Bids shall

be delivered to:

State of New York Executive Department

Office of General Services

Procurement Services

Corning Tower - 38th Floor Reception Desk

Empire State Plaza

Albany, NY 12242





FAX Transmittals

Facsimile transmittals are NOT acceptable for this solicitation.

Hand Deliveries

Bidders must allow extra time to comply with the building access procedures in effect at the Empire State

Plaza when hand delivering bids or using deliveries by independent courier services. Bidders assume all

risks for timely, properly submitted deliveries.

11.5 IMPORTANT BUILDING ACCESS PROCEDURES

To access the Corning Tower, all visitors must check in by presenting photo identification at the Information

Desk.

A Bidder who elects to deliver its bid is encouraged to pre-register for building access by contacting the

Procurement Services receptionist at 518-474-6262 at least 24 hours prior to the bid submission date.

Visitors who are registered can check in directly with the Information Desk. Visitors who are not pre-

registered will be directed to a designated phone to call the Procurement Services Receptionist. The

Receptionist will register the visitor at that time but delays may occur. Bidders who intend to deliver bids or

conduct Procurement Services business should allow extra time to comply with these procedures. Building

Access procedures may change or be modified at any time. Note: Bids not received within Procurement

Services, or the OGS Mailroom, by the time and date shown on the front page of the bid document will be

considered late.

11.6 ELECTRONIC BID OPENING RESULTS

Procurement Services posts bid results on the OGS/Procurement Services web page. The web page shall

make available copies of the Attachment 1: Bid Documents (Paper). Section A: Cover Sheet received by

Procurement Services from each Bidder for this solicitation. Such information is anticipated to be available

online within two (2) business days after the bid opening.

The Bid Opening Results Page is available at: http://nyspro.ogs.ny.gov/nyspro-bid-openings.

12. NOTIFICATION OF AWARD

Successful Bidder(s) shall be advised by OGS in accordance with Appendix B §24 Contract

Creation/Execution. OGS also distributes email notification to registered Authorized Users announcing the

resultant contract award(s). The email includes a hyperlink to the posted award on the OGS website and is

sent via the OGS Purchaser Notification Service (PNS) to registered Authorized Users. Authorized Users

may register for the PNS at the following URL address: http://ogs.ny.gov/PNS/default.asp under

Classification Code 22 and 72. All subsequent contract updates are also sent out via the PNS. Authorized

Users of the contract submit Purchase Orders or other such order documents directly to the Contractor. See

Appendix B §31 Purchase Orders.

13. DEBRIEFING

Pursuant to Section 163(9)(c) of the State Finance Law, any unsuccessful Bidder may request a debriefing

regarding the reasons that the Bid submitted by the Bidder was not selected for award. Requests for a

debriefing must be made within 15 calendar days of notification by OGS that the Bid submitted by the Bidder

was not selected for award. Requests should be submitted in writing to a designated contact identified in the

Solicitation.

http://nyspro.ogs.ny.gov/nyspro-bid-openings

http://ogs.ny.gov/PNS/default.asp



14. EXTENSION OF USE

Any Contract resulting from this solicitation may be extended to additional States or governmental

jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the

Contractor. Political subdivisions and other authorized entities within each participating State or

governmental jurisdiction may also participate in any resultant Contract if such State normally allows

participation by such entities. New York State reserves the right to negotiate additional discounts based on

any increased volume generated by such extensions.

14.1 EXTENSION OF USE COMMITMENT

The Contractor agrees to honor all orders from State Agencies, political subdivisions and others authorized

by law (see Section 14 Extension of Use) which are in compliance with the pricing, terms, and conditions set

forth in the resulting Contract document.

Any unilateral limitations/restrictions imposed by the Contractor on eligible Authorized Users will be grounds

for rejection of the Bid or cancellation of the Contract.

15. OVERLAPPING CONTRACT ITEMS

Product available in the resultant Contracts under Award 22935 may also be available from other New York

State Awards. Authorized Users will be advised to select the most cost effective procurement alternative that

meets their program requirements and to maintain a procurement record documenting the basis for this

selection.

16. PERFORMANCE AND BID BONDS

There are no bonds required for the Contract resulting from this solicitation. In accordance with Appendix B

§44 Performance/Bid Bond, the Commissioner of OGS has determined that no performance, payment or Bid

bond, or negotiable irrevocable letter of credit or other form of security for the faithful performance of the

Contract shall be required at any time during the initial term, or any renewal term, for the resulting Contract.

17. NEW YORK STATE VENDOR FILE REGISTRATION

Prior to being awarded a contract pursuant to this solicitation, the Bidder(s) and any designated authorized

resellers who accept payment directly from the State, must be registered in the New York State Vendor File

(Vendor File) administered by the Office of the State Comptroller (OSC). This is a central registry for all vendors

who do business with New York State Agencies and the registration must be initiated by a State Agency.

Following the initial registration, a unique New York State ten-digit vendor identification number (Vendor ID) will

be assigned to your company and Vendor IDs will be assigned to each of your authorized resellers (if any) for

usage on all future transactions with New York State. Additionally, the Vendor File enables vendors to use the

Vendor Self-Service application to manage certain vendor information in one central location for all transactions

related to the State of New York.

If Bidder is already registered in the Vendor File, Bidder must enter its ten-digit Vendor ID on the first page of

the solicitation. Authorized resellers already registered should list the ten-digit Vendor ID along with

authorized reseller information.

If the Bidder is not currently registered in the Vendor File, Bidder must request assignment of a Vendor ID

number from OGS. Complete the OSC Substitute W-9 Form

(http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf) and submit the form to OGS in advance of your

Bid. Please send this document to the Designated Contact in the solicitation. In addition, if an authorized

reseller(s) is to be used that does not have a Vendor ID, an OSC Substitute W-9 form

http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf



(http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf) should be completed by each designated

authorized reseller and submitted to OGS. The OGS will initiate the vendor registration process for all

Bidders and their authorized resellers. Once the process is initiated, registrants will receive an email

identifying their unique ten-digit Vendor ID and instructions on how to enroll in the online Vendor Self-Service

application.

For more information on the vendor file please visit the following website:

http://www.osc.state.ny.us/vendor_management/.

18. NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR-PROFIT BUSINESS

ENTITY

A. OGS conducts a review of prospective contractors (“Bidders”) to provide reasonable assurances that

the Bidder is responsive and responsible. A For-Profit Business Entity Questionnaire (hereinafter

“Questionnaire”) is used for non-construction contracts and is designed to provide information to

assess a Bidder’s responsibility to conduct business in New York based upon financial and

organizational capacity, legal authority, business integrity, and past performance history. By

submitting a bid, Bidder agrees to fully and accurately complete the Questionnaire. The Bidder

acknowledges that the State’s execution of the Contract will be contingent upon the State’s

determination that the Bidder is responsible and that the State will be relying upon the Bidder’s

responses to the Questionnaire, in addition to all other information the State may obtain from other

sources, when making its responsibility determination.

OGS recommends that each Bidder file the required Questionnaire online via the New York State

VendRep System. To enroll in and use the VendRep System, please refer to the following link at the

Office of the State Comptroller (OSC) website: http://osc.state.ny.us/vendrep/info_vrsystem.htm.

OSC provides direct support for the VendRep System through user assistance, documents, online

help, and a help desk. The OSC Help Desk contact information is located at

http://www.osc.state.ny.us/portal/contactbuss.htm. Bidders opting to complete the paper

questionnaire can access this form and associated definitions via the OSC website at:

http://www.osc.state.ny.us/vendrep/forms_vendor.htm.

In order to assist the State in determining the responsibility of the Bidder prior to Contract Award, the

Bidder must complete and certify (or recertify) the Questionnaire no more than six (6) months prior to

the bid due date. A Bidder’s Questionnaire cannot be viewed by OGS until the Bidder has certified

the Questionnaire. It is recommended that all Bidders become familiar with all of the requirements of

the Questionnaire in advance of the bid opening to provide sufficient time to complete the

Questionnaire.

B. The Bidder agrees that if it is awarded a Contract the following shall apply:

The Contractor shall at all times during the Contract term remain responsible. The Contractor

agrees, if requested by the Commissioner of OGS or her designee, to present evidence of its

continuing legal authority to do business in New York State, integrity, experience, ability, prior

performance, and organizational and financial capacity.

The Commissioner of OGS or her designee, in his or her sole discretion, reserves the right to

suspend any or all activities under this Contract, at any time, when he or she discovers information

that calls into question the responsibility of the Contractor. In the event of such suspension, the

Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of

such notice, the Contractor must comply with the terms of the suspension order. Contract activity

may resume at such time as the Commissioner of OGS or her designee issues a written notice

authorizing a resumption of performance under the Contract.

http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf

http://www.osc.state.ny.us/vendor_management

http://osc.state.ny.us/vendrep/info_vrsystem.htm

http://www.osc.state.ny.us/portal/contactbuss.htm

http://www.osc.state.ny.us/vendrep/forms_vendor.htm



The Contractor agrees that if it is found by the State that the Contractor’s responses to the

Questionnaire were intentionally false or intentionally incomplete, on such finding, the Commissioner

may terminate the Contract.

Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate

OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or her designee

at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or her

designee to be non-responsible. In such event, the Commissioner of OGS or her designee may

complete the contractual requirements in any manner he or she may deem advisable and pursue

available legal or equitable remedies for breach.

In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall

the State be liable for any damages for lost profits or otherwise, which may be sustained by the

Contractor as a result of such termination.

19. TAX LAW §5-A

Section 5-a of the Tax Law requires certain contractors awarded State Contracts for commodities, services

and technology valued at more than $100,000 to certify to the NYS Department of Taxation and Finance

(DTF) that they are registered to collect New York State and local sales and compensating use taxes. The

law applies to contracts where the total amount of such contractors’ sales delivered into New York State is in

excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the

certification is made, and with respect to any affiliates and subcontractors whose sales delivered into New

York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in

which the certification is made.

A Contractor is required to file the completed and notarized Form ST-220-CA with OGS certifying that the

Contractor filed the ST-220-TD with NYS Department of Taxation and Finance (DTF). Note: NYS

Department of Taxation and Finance receives the completed Form ST-220-TD, not OGS. OGS ONLY

receives the Form ST-220-CA. Form ST-220-CA must be filed and submitted to the procuring covered

Agency certifying that the Contractor filed the ST-220-TD with DTF. Contractor should complete and return

the certification forms within five (5) business days of request (if the forms and not completed and returned

with Bid submission). Failure to make either of these filings may render a Contractor non-responsive and

non-responsible. Contractor shall take the necessary steps to provide properly certified forms within a timely

manner to ensure compliance with the law.

Website links to the Contractor certification forms and instructions are provided below. Form No. ST-220-TD

must be filed with and returned directly to DTF. Unless the information upon which the ST-220-TD is based

changes, this form only needs to be filed once with DTF. If the information changes for the Contractor, its

affiliate(s), or its subcontractor(s), a new Form No. ST-220-TD must be filed with DTF.

Form ST-220-CA must be submitted to OGS. This form provides the required certification that the Contractor

filed the ST-220-TD with DTF.

Forms are available on the Tax Department website here:

https://www.tax.ny.gov/forms/form_number_order_st_y.htm (see ST-220-CA (Fill-in) and ST-220-TD (Fill-in));

Vendors may call DTF at 518-485-2889 for any and all questions relating to Section 5-a of the Tax Law and

relating to a company's registration status with the DTF. For additional information and frequently asked

questions, please refer to the DTF website at: http://www.tax.ny.gov/.

https://www.tax.ny.gov/forms/form_number_order_st_y.htm

http://www.tax.ny.gov/



20. NEW YORK STATE REQUIRED CERTIFICATIONS

A Bidder is required to submit the signed New York State Required Certifications (Attachment 1:

Administrative Submittal (Paper), Section B: New York State Required Certifications). Failure to submit this

document may result in a Bid being considered non-responsive and may result in a bid being rejected.

21. CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW YORK

STATE CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL

EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN

I. New York State Law

Pursuant to New York State Executive Law Article 15-A and Parts 140–145 of Title 5 of the New York Codes,

Rules and Regulations (“NYCRR”), the New York State Office of General Services (“OGS”) is required to

promote opportunities for the maximum feasible participation of New York State-certified Minority- and

Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and

women in the performance of OGS contracts.

II. General Provisions

OGS is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR

Parts 140–145 (“MWBE Regulations”) for all State contracts as defined therein, with a value (1) in excess of

$25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of

$100,000 for real property renovations and construction.

A. The Contractor agrees, in addition to any other nondiscrimination provision of the Contract, and at no

additional cost to OGS, to fully comply and cooperate with OGS in the implementation of New York

State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements

include equal employment opportunities for minority group members and women (“EEO”) and

contracting opportunities for MWBEs. Contractor’s demonstration of “good faith efforts” pursuant to

5 NYCRR § 142.8 shall be a part of these requirements. These provisions shall be deemed

supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State

Executive Law Article 15 (the “Human Rights Law”) or other applicable federal, State, or local laws.

B. Failure to comply with all of the requirements herein may result in a finding of non-responsiveness, a

finding of non-responsibility, breach of contract, withholding of funds, liquidated damages pursuant to

clause IX of this section, and/or enforcement proceedings as allowed by the Contract and applicable

law.

III. Equal Employment Opportunity (EEO)

A. The provisions of Article 15-A of the Executive Law and the rules and regulations promulgated

thereunder pertaining to equal employment opportunities for minority group members and women

shall apply to all Contractors, and any subcontractors, awarded a subcontract over $25,000 for labor,

services, including legal, financial and other professional services, travel, supplies, equipment,

materials, or any combination of the foregoing, to be performed for, or rendered or furnished to, the

contracting State agency (the “Work”) except where the Work is for the beneficial use of the

Contractor.

1. Contractor and subcontractors shall undertake or continue existing EEO programs to ensure that

minority group members and women are afforded equal employment opportunities without

discrimination because of race, creed, color, national origin, sex, age, disability, or marital status.

For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment,

promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of



compensation. This requirement does not apply to: (i) the performance of work or the provision

of services or any other activity that is unrelated, separate, or distinct from the Contract; or (ii)

employment outside New York State.

2. By entering into this Contract, Contractor certifies that the text set forth in clause 12 of Appendix

A, attached hereto and made a part hereof, is Contractor’s equal employment opportunity policy.

In addition, Contractor agrees to comply with the Non-Discrimination Requirements set forth in

clause 5 of Appendix A.

B. Form EEO 100 - Staffing Plan

To ensure compliance with this section, the Contractor agrees to submit, or has submitted with the

Bid, a staffing plan on Form EEO 100 to OGS to document the composition of the proposed

workforce to be utilized in the performance of the Contract by the specified categories listed,

including ethnic background, gender, and federal occupational categories.

C. Form EEO 101 - Workforce Utilization Reporting Form (Commodities and Services) (“Form EEO-

101-Commodities and Services”)

1. The Contractor shall submit, and shall require each of its subcontractors to submit, a Form EEO-

101-Commodities and Services to OGS to report the actual workforce utilized in the performance

of the Contract by the specified categories listed including ethnic background, gender, and

Federal occupational categories. The Form EEO-101-Commodities and Services must be

submitted electronically to OGS at [email protected] on a quarterly basis during the

term of the Contract by the 10th day of April, July, October, and January.

2. Separate forms shall be completed by Contractor and all subcontractors.

3. In limited instances, the Contractor or subcontractor may not be able to separate out the

workforce utilized in the performance of the Contract from its total workforce. When a separation

can be made, the Contractor or subcontractor shall submit the Form EEO-101-Commodities and

Services and indicate that the information provided relates to the actual workforce utilized on the

Contract. When the workforce to be utilized on the Contract cannot be separated out from the

Contractor's or subcontractor's total workforce, the Contractor or subcontractor shall submit the

Form EEO-101-Commodities and Services and indicate that the information provided is the

Contractor's or subcontractor’s total workforce during the subject time frame, not limited to work

specifically performed under the Contract.

D. Contractor shall comply with the provisions of the Human Rights Law and all other State and federal

statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not

discriminate against any employee or applicant for employment because of race, creed (religion),

color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic

characteristic, marital status, or domestic violence victim status, and shall also follow the

requirements of the Human Rights Law with regard to non-discrimination on the basis of prior

criminal conviction and prior arrest.

IV. Contract Goals

A. OGS hereby establishes an overall goal of 10% for MWBE participation, 5% for Minority-Owned

Business Enterprises (“MBE”) participation and 5% for Women-Owned Business Enterprises

(“WBE”) participation (based on the current availability of MBEs and WBEs). The total Contract goal

can be obtained by utilizing any combination of MBE and/or WBE participation for subcontracting

and supplies acquired under the Contract.




B. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the

Contract goals established in clause IV-A hereof, Contractor should reference the directory of New

York State Certified MWBEs found at the following internet address:

https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=2528. The MWBE

Regulations are located at 5 NYCRR §§ 140–45. Questions regarding compliance with MWBE

participation goals should be directed to the Designated Contacts within the OGS Office of Minority-

and Women-Owned Business Enterprises. Additionally, following Contract execution, Contractor is

encouraged to contact the Division of Minority and Women’s Business Development ((518) 292-

5250; (212) 803-2414; or (716) 846-8200) to discuss additional methods of maximizing participation

by MWBEs on the Contract.

C. Contractor must document “good faith efforts” to provide meaningful participation by MWBEs as

subcontractors or suppliers in the performance of the Contract (see clause VII below).

V. MWBE Utilization Plan

A. In accordance with 5 NYCRR § 142.4, Bidders are required to submit a completed Utilization Plan on

Form MWBE 100 with their bid.

B. The Utilization Plan shall list the MWBEs the Bidder intends to use to perform the Contract, a

description of the Contract scope of work the Bidder intends the MWBE to perform to meet the goals

on the Contract, and the estimated or, if known, actual dollar amounts to be paid to an MWBE. By

signing the Utilization Plan, the Bidder acknowledges that making false representations or including

information evidencing a lack of good faith as part of, or in conjunction with, the submission of a

Utilization Plan is prohibited by law and may result in penalties including, but not limited to,

termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of

payments. Any modifications or changes to the agreed participation by New York State Certified

MWBEs after the Contract award and during the term of the Contract must be reported on a revised

MWBE Utilization Plan and submitted to OGS.

C. By entering into the Contract, Bidder/Contractor understands that only sums paid to MWBEs for the

performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be

applied towards the achievement of the applicable MWBE participation goal. When an MWBE is

serving as a broker on the Contract, only 25 percent of all sums paid to a broker shall be deemed to

represent the commercially useful function performed by the MWBE.

D. OGS will review the submitted MWBE Utilization Plan and advise the Bidder of OGS acceptance or

issue a notice of deficiency within 30 days of receipt.

E. If a notice of deficiency is issued; Bidder agrees that it shall respond to the notice of deficiency,

within seven (7) business days of receipt, by submitting to OGS a written remedy in response to the

notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be

inadequate, OGS shall notify the Bidder and direct the Bidder to submit, within five (5) business days

of notification by OGS, a request for a partial or total waiver of MWBE participation goals on Form

BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of

the bid or proposal.

F. OGS may disqualify a Bidder’s bid/proposal as being non-responsive under the following

circumstances:

(a) If a Bidder fails to submit an MWBE Utilization Plan;

(b) If a Bidder fails to submit a written remedy to a notice of deficiency;

(c) If a Bidder fails to submit a request for waiver; or

https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=2528



(d) If OGS determines that the Bidder has failed to document good faith efforts.

G. If awarded a Contract, Contractor certifies that it will follow the submitted MWBE Utilization Plan for

the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals set forth in

clause IV-A of this Section.

H. Bidder/Contractor further agrees that a failure to submit and/or use such completed MWBE

Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence

of such a material breach, OGS shall be entitled to any remedy provided herein, including but not

limited to, a finding of Contractor non-responsiveness.

VI. Request for Waiver

A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to

the Designated Contacts of the OGS Office of Minority- and Women-Owned Business

Enterprises for guidance.

B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts

to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or

total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit

the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is

submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of

clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s

waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance

or denial within twenty (20) business days of receipt.

C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE

Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of

established goal requirements made subsequent to Contract award may be made at any time during

the term of the Contract to OGS, but must be made no later than prior to the submission of a request

for final payment on the Contract.

D. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance

Reports, determines that Contractor is failing or refusing to comply with the contract goals and no

waiver has been issued in regards to such non-compliance, OGS may issue a notice of deficiency to

the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business

days of receipt. Such response may include a request for partial or total waiver of MWBE contract

goals

VII. Required Good Faith Efforts

In accordance with 5 NYCRR § 142.8, Contractors must document their good faith efforts toward utilizing

MWBEs on the Contract. Evidence of required good faith efforts shall include, but not be limited to, the

following:

1. A list of the general circulation, trade, and MWBE-oriented publications and dates of publications

in which the Contractor solicited the participation of certified MWBEs as

subcontractors/suppliers, copies of such solicitations, and any responses thereto.

2. A list of the certified MWBEs appearing in the Empire State Development (“ESD”) MWBE

directory that were solicited for this Contract. Provide proof of dates or copies of the solicitations

and copies of the responses made by the certified MWBEs. Describe specific reasons that

responding certified MWBEs were not selected.



3. Descriptions of the Contract documents/plans/specifications made available to certified MWBEs

by the Contractor when soliciting their participation and steps taken to structure the scope of

work for the purpose of subcontracting with, or obtaining supplies from, certified MWBEs.

4. A description of the negotiations between the Contractor and certified MWBEs for the purposes

of complying with the MWBE goals of this Contract.

5. Dates of any pre-bid, pre-award, or other meetings attended by Contractor, if any, scheduled by

OGS with certified MWBEs whom OGS determined were capable of fulfilling the MWBE goals

set in the Contract.

6. Other information deemed relevant to the request.

VIII. Monthly MWBE Contractor Compliance Report

A. In accordance with 5 NYCRR § 142.10, Contractor is required to report Monthly MWBE Contractor

Compliance to OGS during the term of the Contract for the preceding month’s activity, documenting

progress made towards achievement of the Contract MWBE goals. OGS requests that all

Contractors use the New York State Contract System (“NYSCS”) to report subcontractor and

supplier payments made by Contractor to MWBEs performing work under the Contract. The NYSCS

may be accessed at https://ny.newnycontracts.com/. This is a New York State-based system that all

State agencies and authorities will be implementing to ensure uniform contract compliance reporting

throughout New York State.

B. When a Contractor receives a payment from a State agency, it is the Contractor’s responsibility to

pay its subcontractors and suppliers in a timely manner. On or after the first day of each month, the

Contractor will receive an email or fax notification (“audit notice”) indicating that a representative of

its company needs to log-in to the NYSCS to report the company’s MWBE subcontractor and

supplier payments for the preceding month. The Contractor must also report when no payments

have been made to a subcontractor or supplier in a particular month with entry of a zero dollar value

in the NYSCS. Once subcontractor and supplier payments have been entered into the NYSCS, the

subcontractor(s) and supplier(s) will receive an email or fax notification advising them to log into the

NYSCS to confirm that they actually received the reported payments from the Contractor. It is the

Contractor’s responsibility to educate its MWBE subcontractors and suppliers about the NYSCS and

the need to confirm payments made to them in the NYSCS.

C. To assist in the use of the NYSCS, OGS recommends that all Contractors and MWBE

subcontractors and suppliers sign up for the following two webinar trainings offered through the

NYSCS: “Introduction to the System – Vendor training” and “Contract Compliance Reporting -

Vendor Training” to become familiar with the NYSCS. To view the training schedule and to register

visit: https://ny.newnycontracts.com/events.asp.

D. As soon as possible after the Contract is approved, Contractor should visit

https://ny.newnycontracts.com and click on “Account Lookup” to identify the Contractor’s account

by company name. Contact information should be reviewed and updated if necessary by choosing

“Change Info.” It is important that the staff member who is responsible for reporting payment

information for the Contractor be listed as a user in the NYSCS. Users who are not already listed

may be added through “Request New User.” When identifying the person responsible, please add

“- MWBE Contact” after his or her last name (i.e., John Doe – MWBE Contact) to ensure that the

correct person receives audit notices from the NYSCS. NYSCS Technical Support should be

contacted for any technical support questions by clicking on the links for “Contact Us & Support”

then “Technical Support” on the NYSCS website.

https://ny.newnycontracts.com/

https://ny.newnycontracts.com/events.asp

https://ny.newnycontracts.com/



E. If Contractor is unable to report MWBE Contractor Compliance via the NYSCS, Contractor must

submit a Monthly MWBE Contractor Compliance Report on Form MWBE 102 to OGS, by the 10th

day of each month during the term of the Contract, for the preceding month’s activity to: OGS MWBE

Office, 29th Floor Corning Tower, Empire State Plaza, Albany, NY 12242. Phone: 518-486-9284;

Fax: 518-486-9285.

F. It is the Contractor’s responsibility to report subcontractor and supplier payments. Failure to respond

to payment audits in a timely fashion through the NYSCS, or by paper to OGS, may jeopardize future

payments pursuant to the MWBE liquidated damages provisions in clause IX below.

IX. Breach of Contract and Liquidated Damages

A. Where OGS determines that the Contractor is not in compliance with the requirements of this

Contract, and the Contractor refuses to comply with such requirements, or if it is found to have

willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract,

the Contractor shall be obligated to pay liquidated damages to OGS.

B. Such liquidated damages shall be calculated as an amount equaling the difference between:

1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE

goals; and

2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract.

C. If OGS determines that Contractor is liable for liquidated damages and such identified sums have not

been withheld by OGS, Contractor shall pay such liquidated damages to OGS within sixty (60) days

after they are assessed. Provided, however, that if the Contractor has filed a complaint with the

Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR

§ 142.12, liquidated damages shall be payable only in the event of a determination adverse to the

Contractor following the complaint process.

X. Fraud

Any suspicion of fraud, waste, or abuse involving the contracting or certification of MWBEs shall be

immediately reported to ESD’s Division of Minority and Women’s Business Development at (855) 373-

4692.

ALL FORMS ARE AVAILABLE AT: http://www.ogs.ny.gov/MWBE/Forms.asp

22. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED

VETERAN-OWNED BUSINESSES

Article 17-B of the New York State Executive Law provides for more meaningful participation in public

procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further

integrating such businesses into New York State’s economy. OGS recognizes the need to promote the

employment of service-disabled veterans and to ensure that certified service-disabled veteran-owned

businesses have opportunities for maximum feasible participation in the performance of OGS contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their

economic activity in doing business in New York State, Bidders/Contractors are strongly encouraged and

expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may

be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

For purposes of this procurement, OGS conducted a comprehensive search and determined that the

Contract does not offer sufficient opportunities to set specific goals for participation by SDVOBs as

subcontractors, service providers, and suppliers to Contractor. Nevertheless, Bidder/Contractor is

http://www.ogs.ny.gov/MWBE/Forms.asp



encouraged to make good faith efforts to promote and assist in the participation of SDVOBs on the Contract

for the provision of services and materials. The directory of New York State Certified SDVOBs can be

viewed at: http://ogs.ny.gov/Core/docs/CertifiedNYS_SDVOB.pdf

Bidder/Contractor is encouraged to contact the Division of Service-Disabled Veteran’s Business

Development at 518-474-2015 to discuss methods of maximizing participation by SDVOBs on the Contract.

ALL FORMS ARE AVAILABLE AT: http://ogs.ny.gov/Core/SDVOBA.asp?_sm_au_=iVVjF227tLtF4JJH

23. NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS

New York State political subdivisions and others authorized by New York State law may participate in

centralized contracts. These include, but are not limited to local governments, public authorities, public

school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations.

See Appendix B §26 Participation in Centralized Contracts.

Upon request, all eligible non-State agencies must furnish Contractors with the proper tax exemption

certificates and documentation certifying eligibility to use State contracts. Questions regarding an

organization's eligibility to purchase from New York State Contracts may also be directed to OGS

Procurement Services Customer Services at 518-474-6717.

24. NEW YORK STATE PROCUREMENT RIGHTS

New York State hereby reserves the right to:

A. Reject any or all bids received in response to this solicitation;

B. Withdraw the solicitation at any time, at the Agency’s sole discretion;

C. Make an award under the solicitation in whole or in part;

D. Disqualify any Bidder whose conduct and/or bid fails to conform to the requirements of the

solicitation;

E. Seek clarifications and revisions of bids;

F. Prior to the Bid opening, amend the solicitation specifications to correct errors or oversights, or to

supply additional information, as it becomes available;

G. Prior to the Bid opening, direct Bidders to submit solicitation modifications addressing subsequent

solicitation amendments;

H. Change any of the schedule dates with notification through the NYS Contract Reporter;

I. Eliminate any mandatory, non-material specifications that cannot be complied with by all of the

prospective Bidders;

J. Waive any requirements that are not material;

K. Utilize any and all ideas submitted in the bids received;

L. Adopt all or any part of a Bidder's bid in selecting the optimum configuration;

M. Negotiate with the Bidder responding to this solicitation within the solicitation requirements to serve

the best interests of the State. This includes requesting clarifications of any or all Bidders’ bids;

N. Require clarification at any time during the procurement process and/or require correction of

arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a

Bidder’s bid and/or to determine a Bidder’s compliance with the requirements of the solicitation;

O. Select and award the Contract to other than the selected Bidder in the event of unsuccessful

negotiations or, optionally, in other specified circumstances as detailed in the solicitation

requirements;

http://ogs.ny.gov/Core/SDVOBA.asp?_sm_au_=iVVjF227tLtF4JJH



P. Unless otherwise specified in the solicitation, every offer is firm and not revocable for a period of

ninety (90) calendar days from the Bid opening;

Q. Use bid information obtained through site visits, management interviews, and the state’s

investigation of a Bidder’s qualifications, experience, ability or financial standing, and any material or

information submitted by the Bidder in response to the agency’s request for clarifying information in

the course of evaluation and/or selection under the solicitation; and

R. OGS reserves the right to use an on-line process, such as reverse auction, to make acquisitions

under the resulting contracts. Bidder agrees that if awarded a Contract, it will participate in the on-

line process established by OGS.

25. CONFLICT OF TERMS AND CONDITIONS.

Conflicts among the documents in the Solicitation shall be resolved in the following order of precedence:

A. Appendix A, Standard Clauses for New York State Contracts (January 2014);

B. The Bid Solicitation Information Document;

C. The Contract Template;

D. Appendix B, General Specifications (May 2015); and

E. Other Appendices and attachments.